Administration of roads of Karlovy Vary region impermissibly narrowed the range of tenderers

2013-12-16
The Office for the Protection of Competition (“the Office”) imposed fines in the amount of CZK 1 million and CZK 600,000 in its two first-instance decisions to Krajská správa a údržba silnic Karlovarského kraje (Regional Administration and Maintenance of Roads of Karlovy Vary Region) for a violation of the Act on Public Procurement in relation with public procurements: “Reconstruction of the road II/210 – through road Kraslice” and “Reconstruction of a bridge, evidence number 606-073 in the town of Cheb”.

The decisions are not in force and the appeal against them may be lodged.

At both of the public contracts awarded in 2007, the contracting authority required the demonstration of technical qualifications prerequisites by a list of important supplies carried out by the supplier in the last three years. However, the Act on Public Contracts enables the contracting authority to require a list of reference supplies carried out in last five years. By shortening the period of time the contracting authority set stricter rules than are required by the law and thus impermissibly narrowed the range of potential tenderers.

For this reason, the selection of the most suitable tender could be affected when awarding the public contracts in the amount of CZK 58.8 million, respectively CZK 21.3 million. If the contracting authority complied with the periods set by the Act, it is not excluded that the range of potential tenderers would be wider and the contracting authority could receive more suitable tenders than the tenders of the selected suppliers were.

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